Gemini Asset Recoveries, Inc. v Portoff

[*1] Gemini Asset Recoveries, Inc. v Portoff 2009 NY Slip Op 50963(U) [23 Misc 3d 139(A)] Decided on May 19, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 19, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570157/08.

Gemini Asset Recoveries, Inc./ Cohen and Slamowitz, LLP, Plaintiff-Respondent,

against

Renee Portoff, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated June 29, 2007, which granted plaintiff's motion for summary judgment in the principal sum of $5,755.35.

Per Curiam.

Order (Geoffrey D. Wright, J.), dated June 29, 2007, reversed, without costs, motion denied and matter remanded for further proceedings.

In this action to collect on a credit card debt, plaintiff failed to demonstrate a prima facie entitlement to summary judgment as a matter of law, since it submitted no competent proof of its standing as an assignee of the debt (see TPZ Corp. v Dabbs, 25 AD3d 787 [2006]). Lacking from the record is any evidence of the purported assignment of the account from Citibank to plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT
Decision Date: May 19, 2009